David SAKA, Appellant,
v.
Cheryl L. SAKA, Appellee.
District Court of Appeal of Florida, Third District.
*710 Cynthia L. Greene, for appellant.
Addicott & Addicott, P.A., and Michael L. Addicott, Hollywood, and Harry P. Teichman, for appellee.
Before LEVY, GREEN, and FLETCHER, JJ.
PER CURIAM.
This is an appeal, by the father, of a post-dissolution final judgment granting the mother back child support. The father essentially contends that no support is due and owing by virtue of two agreements which were executed by the parties, but never submitted to the court for approval. The trial court declined to enforce these agreements finding them to be void and against public policy. The court then entered *711 a final judgment for child support arrearages, prejudgment interest and attorney's fees against the father. To enforce this judgment, the lower court, by separate order, entered a Qualified Domestic Relations Order ("QDRO") against the father's pension plan.
The father appeals and raises five issues, four of which challenge the final judgment and the fifth, the QDRO. The mother responds that none of the appellate challenges were raised before the trial court and thus were not preserved for our appellate review. As to the father's challenge of the QDRO, the mother points out that this order was separately entered by the court below and was not included in the father's notice of appeal.[1] For this reason, the mother urges that the QDRO is not properly before this court either.
After our careful review, we agree with the appellee/mother that the limited record before us reveals that none of the issues raised by the appellant, have been adequately preserved for appellate review.[2] As a general rule, reviewing courts will not consider points raised for the first time on appeal. Castor v. State,
The requirement of a contemporaneous objection is based on practical necessity and basic fairness in the operation of a judicial system. It places the trial judge on notice that error may have been committed, and provides him [or her] an opportunity to correct it at an early stage of the proceedings. Delay and an unnecessary use of the appellate process result from a failure to cure early that which must be cured eventually.
Id.See also State v. Osvath,
The limited exception to this preservation requirement is the situation where fundamental error, such as an issue involving subject matter jurisdiction, is present. See, e.g. Hoechst Celanese Corp. v. Fry,
We additionally agree with the appellee/mother that the appellant's challenge to the QDRO is not properly before *712 us where it was not incorporated by reference in the final judgment and not included in the appellant's notice of appeal. See Milar Galleries, Inc. v. Miller,
Affirmed.
NOTES
Notes
[1] The record reflects that the notice of appeal was prepared and filed pro se by the father.
[2] The father/appellant has failed to provide an appropriate record of the proceedings below as the record is devoid of the transcripts from the partial summary judgment hearing which underlies the basis of the father's arguments.
